Disabled workers often face more obstacles than others when it comes to getting a fair shake in their careers. Despite the fact that it is illegal to discriminate against individuals with disabilities in the workplace, it still happens far too often. One reason this discrimination is still so prevalent is that employers know these cases can be difficult to prove. Hiring a lawyer can help workers who have been victimized by workplace discrimination.
Discrimination in the Workplace
While we have come a long way as a nation from where we were 100 years ago regarding discrimination, we unfortunately still have a long road ahead of us. Discrimination still exists across all areas of life, and many members of minority groups face this discrimination on a daily basis. One of the groups most affected by this discrimination are people with disabilities.
One of the biggest reasons that people with disabilities still face so much injustice is that they are one of the least represented groups. It wasn’t until 1990 that the American’s with Disabilities Act (ADA) was passed – 26 years after the Civil Rights Act. Click here to read more about the ADA.
There are many different examples of discrimination that individuals with disabilities face in the workplace, including:
- Employers refusing to hire
- Employers refusing to promote
- Employers unjustly demoting
- Employers unjustly firing
- Employers refusing to pay an equal wage
- Employers refusing to make reasonable accommodations
- Employers demanding that employees talk about their disability even if they aren’t asking for accommodation
- Employers, coworkers, or customers making derogatory remarks or gestures
Know Your Rights
It is important for individuals with disabilities to know their rights both in the workplace and in all other areas of their lives. The easiest way for an employer to get away with discrimination is by an employee or potential employee not understanding their rights under the law.
People with disabilities are entitled to many protections in the workplace. These protections include an equal right to be hired and promoted, as well as protection from unjust demotion or firing. Employees with disabilities also have the right to request and receive reasonable accommodation to perform their job duties with an equal opportunity to succeed.
According to the ADA, reasonable accommodation is defined as any change to how a job is performed or to the work environment that allows a person with a disability to perform their job duties in an equal manner with other workers.
The “reasonable” part of the definition refers to the difficulty for the employer to implement the needed changes. As long as the request does not cause undue financial hardship for the employer, the requested accommodation is considered reasonable.
Protect Your Rights
The best way to protect yourself if you feel that your rights have been violated by an employer is to hire a qualified lawyer with experience in disability rights. A lawyer can represent you in any legal action you take against your employer or potential employer.
If you have been discriminated against, you will want to file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) or the fair employment practices agency of your state. Visit the official website for the EEOC to discover how to file a charge.
What direction your legal case against an employer takes will depend upon many factors, including the type and severity of the discrimination you faced. Discrimination cases are sometimes clear and easy to prove when the discrimination is overt, and there are multiple witnesses.
Unfortunately, many cases of discrimination are far more subtle and difficult to prove. When an employer fails to hire an individual with a disability, it can be very hard to show that the reason for this non-hire was due to their disability and not another reason.
Experienced lawyers, however, know what to look for in these cases. They will use all the tools at their disposal to prove your case. When discrimination has been proven, a fair settlement is expected in a cerebral palsy lawsuit.
Hopefully, another hundred years down the line will see a world without discrimination at all. Until that day comes, though, make sure to protect your rights with all of the tools at your disposal. A competent attorney is one of the best tools available to ensure fair treatment for people with disabilities in the workplace.
